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§ 1107.Generally

Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 4. Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers · Last amended 1982 · Last verified July 29, 2026

In one sentenceSection 1107 requires an application for any prerogative writ to be filed with proof it was served on the respondent and the real party in interest, sets service and opposition timelines, allows the court to grant the application ex parte for good cause, and exempts habeas corpus and certain administrative review writs from these requirements.

Full Text of § 1107

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When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest named in such application. The provisions of Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 shall apply to the service of the application. However, when a writ of mandate is sought pursuant to the provisions of Section 1088.5, the action may be filed and served in the same manner as an ordinary action under Part 2 (commencing with Section 307). Where the real party in respondent's interest is a board or commission, the service shall be made upon the presiding officer, or upon the secretary, or upon a majority of the members, of the board or commission. Within five days after service and filing of the application, the real party in interest or the respondent or both may serve upon the applicant and file with the court points and authorities in opposition to the granting of the writ. The court in which the application is filed, in its discretion and for good cause, may grant the application ex parte, without notice or service of the application as herein provided. The provisions of this section shall not be applicable to applications for the writ of habeas corpus, or to applications for writs of review of the Industrial Accident or Public Utilities Commissions.

Plain-English Summary

This section is the general filing-and-service rule for the "prerogative" writs -- review, mandate, and prohibition -- covered by this Title. An application for any of them must be accompanied by proof that a copy was served on the respondent and on the real party in interest named in the application, following the ordinary civil-motion service rules in Chapter 5 (commencing with § 1010) of Title 14 of Part 2.

There's a carve-out for one kind of mandate proceeding: when the writ is sought under § 1088.5, the action can instead be filed and served like an ordinary civil action under Part 2 (commencing with § 307). When the real party in interest is a board or commission, service goes to the presiding officer, the secretary, or a majority of the board's or commission's members.

Once served and filed, the real party in interest or the respondent -- or both -- get five days to serve and file points and authorities opposing the writ. But the court isn't locked into that timeline: for good cause, it can grant the application ex parte, skipping notice and service altogether.

Two categories fall outside this section entirely: applications for habeas corpus, and applications for writs of review directed at the Industrial Accident Commission or the Public Utilities Commission, both of which have their own specialized review procedures elsewhere in the law.

Frequently Asked Questions

What must accompany an application for a prerogative writ under this Title?

Proof that a copy of the application was served on the respondent and on the real party in interest named in it.

How much time does the opposing side get to respond?

Five days after service and filing of the application, to serve and file points and authorities opposing the writ.

Can a court grant a writ application without notice to the other side?

Yes, in its discretion and for good cause, the court may grant the application ex parte, without the notice or service otherwise required.

Does § 1107 apply to a petition for habeas corpus?

No. Section 1107 expressly excludes applications for the writ of habeas corpus, along with writs of review of the Industrial Accident or Public Utilities Commissions.

Is there an exception to the standard service rule for writs of mandate?

Yes. When mandate is sought under § 1088.5, the action may instead be filed and served like an ordinary action under Part 2 (commencing with § 307).

Amendment History

Amended by Stats. 1982, Ch. 812, Sec. 4.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: service of application for writ californiaprerogative writ filing requirements california